People v. Yaworski

Defendant was convicted, after jury trial, of DUI and driving while license revoked. Defendant was represented by same assistant PD at trial and at hearing on his pro se postconviction petition alleging that trial counsel was incompetent and ineffective counsel at trial. PD labored under conflict of interest in postconviction proceedings, as his own competence was at issue, and thus dismissal of petition must be vacated. Once a pro se postconviction petition has cleared first-stage hurdle, Post-Conviction Hearing Act affords Defendant right to attorney with undivided loyalty who will ascertain basis of his complaints. (McLAREN, concurring; SPENCE, dissenting.)